Gerard Baden-Clay Appeal 7th August 2015

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Mountains of stuff on here about the tragic death of Allison by her husband Gerard Baden Clay. To catch up here is a link to posts tagged with Allison below

http://aussiecriminals.com.au/?s=alison+baden+clay&submit=Search

ALSO feel free to use the menu up top to get the full picture.

Reserved for appeal hearing and discussion


Appeal begins for Gerard Baden-Clay

Lawyers for Gerard Baden-Clay will argue his conviction was ‘unreasonable’

LAWYERS for Gerard Baden-Clay will today argue that his conviction for the murder of his wife Allison Baden-Clay should be quashed on the grounds it was ‘unreasonable’.

12.25pm: The appeal hearing has finished and the three judges have reserved their decision. They will give a written judgement, expected within three months.

12.23pm: Mr Copley, for Baden-Clay, said Allison’s blood in her car could have been from “some innocent incident” on another day.

12.21pm: Justice Catherine Holmes put to Mr Byrne the scenario that there had been an argument between Baden-Clay and his wife and that she had fallen, hit her head and died and that he had panicked.

“What’s wrong with that as a reasonable hypothesis,” Justice Holmes said.

Mr Byrne said the trial judge left murder open to the jury because there was such a long period of denials by Baden-Clay including his lengthy court testimony. Mr Byrne has concluded his arguments and defence barrister Michael Copley is addressing the court again.

12.05pm: Michael Byrne QC, the Acting Director of Public Prosecutions said the evidence suggested it was likely Allison was put in the third row of seating of her Holden Captiva and transported to Kholo Creek Bridge after a fatal attack.

“It’s a short series of dots to connect the proposition he drove her there but it is still not one that needed to be proven beyond reasonable doubt.”

He added that if the jury inferred the blood in her car was from after the fatal attack, it indicated there had been an injury to hide that may have been undetectable due to decomposition.

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court wi

Olivia Walton, center, sister of convicted murderer Gerard Baden-Clay arrives at court with defence lawyer Penny White. Source: News Corp Australia

11.55am: Mr Byrne said the lack of conclusive opinion from experts on the finer scratches did not affect the jury’s ability to reach their verdict.

Moving on to the other defence arguments, Mr Byrne went through some of the key evidence against Baden-Clay.

He said the former real estate agent must have known of the possibility his wife and mistress would meet at a conference they were both to attend on the day he reported her missing.

“There are scratches to his face that were not there on the 19th (the day before she was reported missing).

“There is the leaf litter which is in our submission significant.”

The fact there were six different types of leaf all of which could be found in or adjacent to the couple’s property was a telling feature, he said.

When all the factors were put together, it was not necessary for the Crown to show Baden-Clay moved his wife’s body to the bridge for a murder verdict to be open.

11.44am: Gerard’s defence barrister has concluded his arguments and Michael Byrne QC, the Acting Director of Public Prosecutions, has begun addressing the court about the Crown case.

Mr Byrne, addressing the defence grounds for the appeal, said there had been evidence the broader marks on Baden-Clay’s face were older than the finer injuries.

It was open for the jury to accept the broader marks were from fingernails and the finer marks from a razor at a later time, and to infer Baden-Clay had attempted to disguise the scratch marks.

11.32am: Allison Baden-Clay’s death could have been from an unintentional killing arising out of an argument, making a murder conviction unreasonable, her husband Gerard’s defence barrister has told the court.

The argument could have been related to his affair with former staffer Toni McHugh and may have escalated to violence, resulting in the scratches on Baden-Clay’s face.

He was then left with a “dead wife”, and the situation of people knowing about the affair and his promises to Ms McHugh that he would leave his wife by July 1.

“And he’s panicked,” Mr Copley said.

“A jury could not rationally conclude he murdered his wife based on the fact he told a lie about how the injuries were inflicted.

“The possibility is open that everything he did in the days after the killing was attributable to panic.”

11.22am: Continuing his argument that the verdict was unreasonable, defence barrister Michael Copley said the couple’s daughters had not heard any screaming or fighting on the night and no blood was found in the house.

“There were scratches to his face but the contention is and was those scratches don’t reveal anything at all about the intention that he had when he was engaged in some sort of (altercation) with his wife.”

The scratches revealed only that Allison was “close enough” to inflict them and that there was some sort of altercation.

The “fact the doctor can’t determine the cause of death” was strongly in favour of a conclusion the death was other than intentional.

Prosecutors had argued the scratches were inflicted by Allison in self-defence “fighting for her life”.

But there were other possible explanations including that they were inflicted in anger or in the course of a struggle, Mr Copley said.

There was nothing to show if Alison had scratched her husband at the start or an argument or during the middle, with all possibilities open.

11.13am: The defence says the prosecution had asserted there was an accumulation of pressures on Baden-Clay, including from his long-running affair with his former staffer Toni McHugh.

But the evidence did not support that Baden-Clay was going to leave his wife, Mr Copley said.

“He told his wife in 2010 he no longer loved her. But…he didn’t act on the absence of love.

“He stayed in the marriage.”

The affair with Ms McHugh was discovered in 2011 and Baden-Clay still stayed at the home.

“The notion he was moving towards a departure from his wife is not sustainable.”

Prosecutors had also cited the business pressures on Baden-Clay and the fact he had borrowed money from friends and not paid them back.

“Sure there were financial pressures but my contention … is that hadn’t increased dramatically. That hadn’t changed substantially.”

11am: Baden-Clay’s defence barrister has told the court the murder conviction was unreasonable.

“What evidence was there that elevated the case from an unlawful killing to one of an unintentional killing?” Mr Copley said.

He said a premeditated killing had not been alleged, with prosecutors stating “there was uncharacteristic conduct engaged in by my client”.

There was no evidence of prior violence in the relationship and no evidence either party were abusers of illicit drugs or alcohol, he said.

10.50am: The next element of the appeal was that the jury should have been directed they needed to be satisfied beyond reasonable doubt Baden-Clay put his wife’s body at the creek where she was found, before they could rely on that conduct as capable of proving he killed his wife.

Justice Holmes asked Mr Copley: “How do you get there?”

“Why couldn’t you come to the conclusion he was the killer without needing to know how it was the body arrived at the creek?” Justice Holmes said.

“Why couldn’t he have called someone … to aid him to take the body away?”

Gerard Baden-Clay’s father Nigel arrives at court.

Gerard Baden-Clay’s father Nigel arrives at court. Source: News Corp Australia

10.45am: Before moving on to the other grounds of the appeal, Mr Copley concluded that experts had not agreed definitively that the smaller marks on Baden-Clay’s face were caused at a different time and by a different implement.

The jury had been invited to infer guilt from evidence which had not been established, he said.

“The evil of that is for all we know the leading of that circumstance could have … tipped the balance in favour of a verdict of guilt in the minds of some or all of the members of the jury. We just don’t know.”

10.30am: In terms of the timing of when the facial injuries occurred, an expert gave evidence at the trial that he could not separate the various injuries from photos, Mr Copley said,

“If the experts couldn’t say whether those injuries … had been inflicted at a different time … how could the jury have been capable of resolving (the matter)?”

The prosecution had to show the injuries on Baden-Clay’s face were inflicted at different times and by a different implement, otherwise there wasn’t a disguising element, he said.

Justice Catherine Holmes suggested both sides agreed at trial that the smaller red marks on Baden-Clay’s face were razor marks, as Gerard had said he cut himself shaving.

10:20am: Defence barrister Michael Copley QC opened the appeal by discussing injuries on Baden-Clay’s face.

He said prosecutors left it to the jury to conclude he tried to disguise scratches on his face by making further smaller injuries with a razor, and that this was evidence he had murdered his wife.

He says the evidence didn’t establish that the smaller marks on Baden-Clay’s face were made at a different time than larger scratches.

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers P

Gerard Baden-Clay’s sister Olivia Walton (centre) arrives at court with defence lawyers Peter Shields and Penny White. Source: News Corp Australia

Earlier: At least 150 people have gathered in the public gallery of the Banco court, a half an hour before Gerard Baden-Clay’s appeal.

Geoff and Priscilla Dickie, Allison Baden-Clay’s parents, are in the front row with s large family contingent wearing yellow ribbons.


 Gerard Baden-Clay: Court of Appeal reserves decision over murder conviction

7th August 2015

Allison Baden-Clay and Gerard Baden-Clay

The Court of Appeal in Brisbane has reserved its decision on a challenge against Gerard Baden-Clay’s murder conviction.

Lawyers appealing against Baden-Clay’s life sentence, with a 15-year non-parole period, for the murder of his wife Allison Baden-Clay in 2012 today said it was possible he unintentionally killed her.

The appeal decision will be handed down at a later date.

Ms Baden-Clay’s parents, Geoff and Priscilla Dickie, were among the 200 people present in court as legal counsel for the former real estate agent appeal on four grounds, namely that:

  • The verdict of murder was unreasonable;
  • A miscarriage of justice occurred because the jury was not directed on evidence relating to the presence of Allison’s blood in the car;
  • The trial judge erred in law in not directing the jury over evidence relating to the placement of Allison’s body at Kholo Creek;
  • The trial judge also erred in leaving to the jury that Baden-Clay attempted to disguise marks on his face by making razor cuts.

Barrister Michael Copley QC, who alongside high-profile solicitor Peter Shields, was representing Baden-Clay, argued the fourth appeal ground first.

There’re no injuries on the body consistent with an intentional killing.

Michael Copley QC, representing Gerard Baden-Clay

Police had noticed scratches on the right-hand side of Baden-Clay’s face when they visited the family’s rented Brookfield home in response to his triple-0 call in April 2012.

Baden-Clay insisted he had cut himself shaving, but experts told the court during the six-week trial, they were more “typical of fingernail scratches” not “a razor blade injury”.

Mr Copley questioned the crown’s claim that scratches on Baden-Clay’s face were signs of Allison fighting for her life.

He said the scratches revealed that Allison had been close enough to scratch her husband and that their relationship was not in good shape.

But he said the marks did not reveal why she scratched him.

Mr Copley said there were no injuries on Allison’s body consistent with an intentional killing, which he said favoured an unintentional killing.

“A jury could not rationally conclude that he murdered his wife based upon the fact he told a lie about how the injuries were inflicted,” he said.

“There’re no injuries on the body consistent with an intentional killing.”

Earlier in the appeal hearing, Mr Copley argued that experts could not say whether two sets of marks on Baden-Clay’s face occurred at different times or were made by different implements, yet the jury was asked to do so.

“The jury was invited to infer a path of guilt to murder on the basis of conduct the evidence did not establish the appellant engaged in,” Mr Copley said.

Prosecutor Michael Byrne, who was acting for the Crown, said an expert did testify at trial that marks to Baden-Clay’s face were done at different times and open to the jury to consider.

He said medical witnesses were entitled to use their common sense and experience, and jurors were entitled to decide for themselves.

Mr Byrne said a lack of conclusive evidence from the experts was not prohibitive for the jury to act on.

‘No evidence that there had ever been violence between the parties’

In arguing the first point of the appeal, that the verdict of murder was unreasonable, Mr Copley said: “There was no evidence in this case that there had ever been violence between the parties.”

Mr Copley said part of the Crown’s argument at trial was that pressure from Baden-Clay’s mistress contributed to Allison’s death.

He said evidence in regard to Baden-Clay’s intentions concerning his wife and mistress were at best equivocal.

He said the notion that Baden-Clay was moving towards a departure from his wife was not sustainable from evidence at trial.

Mr Copley then moved on to financial pressures.

“Sure there were financial pressures … but they hadn’t increased substantially, they hadn’t changed dramatically,” he said.

Allison Baden-Clay was last seen on April 19, 2012.

Her husband reported her missing the next day, sparking a major police and SES search.

Ten days later her body was found on the banks of the Kholo Creek at Anstead.

Suspicion centred on Baden-Clay but it was not until nearly seven weeks later he was arrested and charged.

He has always maintained his innocence.

Baden-Clay was not at today’s hearing.

He remains at Wolston Correctional Centre where he has been since last year’s sentencing.

More on this story:

  • Baden-Clay launches appeal against murder conviction
  • Allison Baden-Clay’s family detail their pain and devastation
  • Allison Baden-Clay murder: family members detail pain and devastation in statements to court

    Timeline: Baden-Clay murder trial

    By Josh Bavas and staff

    Tue 15 Jul 2014, 2:53pm

    Former Brisbane real estate agent Gerard Baden-Clay has been found guilty of murdering his wife Allison in April 2012.

    Her body was found on a creek bank 10 days after her husband reported her missing from their home in nearby Brookfield.

    Baden-Clay was charged with murdering his wife and interfering with a corpse, pleading not guilty to both charges.

    And so began a month-long trial involving hundreds of witness statements and garnering massive public interest.

    Take a look back at how Allison Baden-Clay’s disappearance and the resulting murder trial unfolded.

    April 20, 2012

    Gerard Baden-Clay calls police about 7:30am to report his wife missing.

    Police seek public help to find 43-year-old Allison Baden-Clay, reported missing since the previous night.

    Authorities say she was last seen at her house on Brookfield Road wearing grey tracksuit pants and a dark top.

    April 22, 2012

    Inspector Mark Laing confirms Gerard Baden-Clay crashed his car into a bus terminal outside Indooroopilly Shopping Centre.

    April 23, 2012

    A major incident room is set up at Indooroopilly police station for investigation into Allison Baden-Clay’s disappearance.

    Her parents make a public appeal for help to find their daughter.

    Allison’s mother Priscilla Dickie makes an emotional plea to the media.

    “Please, please help us to find our dear Allison,” she said.

    Police ask local residents to search their properties for even the smallest piece of information.

    Superintendent Mark Ainsworth says Allison Baden-Clay’s disappearance is being treated as a missing person case; not a criminal investigation.

    He says Gerard Baden-Clay is not a person of interest.

    Allison Baden-Clay’s father Geoff Dickie praises efforts of police and SES in trying to locate his daughter over the previous weekend.

    “We are overwhelmed by the support in trying to locate Allison,” he said.

    “Please help us because there are three beautiful little girls – of Allison’s – wanting to see their mother as soon as possible.”

    April 24, 2012

    Gerard Baden-Clay speaks to the media outside his house.

    “I’m trying to look after my children at the moment, we’ve got three young girls. We really trust that the police are doing everything they can to find my wife,” he said.

    April 26, 2012

    A prayer vigil is held for Allison.

    Reverend Beverley Bell from the Anglican Parish of Kenmore says it is a difficult time for the community.

    “Just not knowing what’s happened and there’s that sense of helplessness; what can we do?” he said.

    Detectives seize bags of material from the Baden-Clay house and Gerard Baden-Clay’s office.

    April 27, 2012

    Brisbane police step up efforts to find Allison Baden-Clay by setting up a mannequin outside her family home at Brookfield.

    The mannequin is wearing clothing similar to what the 43-year-old was in when she was last seen by her husband.

    Emergency crews widen their search area.

    April 28, 2012

    Allison Baden-Clay has been missing for more than a week.

    Police say they still have few leads despite the major investigation.

    Gerard Baden-Clay releases a brief statement to media thanking the public for their support, saying his priority is the welfare of his wife and their three daughters.

    April 30, 2012

    A canoeist discovers a woman’s body on a creek bank under Kholo Bridge Crossing at Anstead in Brisbane’s west, 11 days after Allison Baden-Clay disappeared.

    Police remove the body and confirm they are now treating Allison Baden-Clay’s disappearance as a homicide investigation.

    Investigators wait for formal identification.

    Superintendent Mark Ainsworth says police are taking seriously the possibility that the body belongs to Allison Baden-Clay and her family is notified.

    “They’re devastated. You can’t explain it any other way,” he said.

    Police appeal for information from anyone who may have seen anything in the area the night she disappeared, including either of the family’s cars.

    May 1, 2012

    Police confirm the body found is that of Allison Baden-Clay.

    Superintendent Mark Ainsworth says her death is officially being treated as a murder investigation.

    “At this stage we are looking at an unlawful homicide investigation – we have been looking at that for some time now; we believe it has reached that level some time ago,” he said.

    Gerard Baden-Clay says he is devastated by the loss of his wife.

    In a statement released by his lawyer, Baden-Clay says his primary concern now is the care of his three daughters.

    He says he just wants to provide his children with some stability and normality given the tragic news and despite “the unrelenting media barrage”.

    A few kilometres away at Kenmore, Baden-Clay’s parents emerge from their home and lower their Australian flag to half mast.

    Neighbours do the same before they all hug each other in grief.

    Meanwhile, a SIM card is discovered in bushland near the search area.

    May 2, 2012

    Police say they are confident they will find the killer of Allison Baden-Clay.

    Investigators say a mobile phone SIM card found at the scene has no link to the case.

    Police say a post-mortem examination on the body will determine the next phase of the investigation.

    Gerard Baden-Clay asks the media for privacy and to let police do their investigations.

    May 10, 2012

    Police are stationed at a roundabout near the Baden-Clays’ Brookfield home.

    Police set up a roadblock on Brookfield Road and speak to drivers, hoping to glean information which may help with their investigation.

    Detectives want to hear from anyone driving in the area the night before Allison Baden-Clay was reported missing.

    May 11, 2012

    A funeral service is held at St Paul’s Anglican Church at Ipswich, west of Brisbane.

    Hundreds of mourners come to pay their respects, including Allison’s immediate family and husband Gerard Baden-Clay.

    Her sister Vanessa Fowler says there are still many questions left unanswered about the circumstances surrounding the 43-year-old’s death.

    “We, your family, pledge to you that we will have these questions answered. We will bring you justice because you deserve nothing less,” she said.

    “Allison, your loss has been felt throughout the entire country by people who do not know you.”

    Mourners are asked to donate to an appeal to support the Baden-Clays’ three young daughters.

    The cause of her death remains unknown.

    May 18, 2012

    Police again say they are confident they will make an arrest over her murder, four weeks after she was reported missing by her husband.

    Police say the killing was not random and the killer was known to Allison but they are yet to make an arrest.

    It is believed police are still awaiting autopsy and toxicology results to confirm her cause of death.

    May 25, 2012

    Police say they are continuing to examine a wide range of evidence.

    May 29, 2012

    Detectives investigating receive the toxicology results but will not release them publicly.

    June 13, 2012

    Gerard Baden-Clay talks to police at the Indooroopilly police station for several hours.

    His lawyers say he is expected to be charged with her murder later tonight. They say he is devastated and will vigorously defend the charge.

    Baden-Clay tells police Allison disappeared after going for a late night walk from their home.

    He is remanded in custody, formally interviewed and charged with murder and interfering with a corpse.

    June 14, 2012

    Gerard Baden-Clay appears in Brisbane Magistrates Court charged with murder, about two months after first reporting his wife missing.

    Prosecution grants a forensic order to allow police to obtain a DNA sample from him.

    His lawyers say the charges will be vigorously defended, and lodge a bail application in the Supreme Court.

    Residents around Brookfield tell the media of their shock.

    June 21, 2012

    Gerard Baden-Clay’s bail application begins in the Supreme Court.

    June 22, 2012

    Gerard Baden-Clay loses his bail application in the Supreme Court with Justice David Boddice saying the accused posed a significant flight risk.

    Prosecutor Danny Boyle earlier argued that Baden-Clay had a financial motive for killing his wife and also cited entries in Allison’s journal suggest the couple may have discussed an affair he had been having with a co-worker.

    Mr Baden-Clay’s barrister, Peter Davis SC, says the Crown’s case is circumstantial and weak.

    June 24, 2012

    A fundraiser is held for Baden-Clay’s three daughters.

    Mike Kaye from the Brookfield Uniting Cricket Club says the fundraiser is important to the family.

    “It’s an opportunity for Allison’s parents Geoff and Priscilla and brothers and sisters to thank the community for their support and also for all those who were out there searching,” he said.

    July 9, 2012

    The case returns to Brisbane Magistrates Court for a hearing.

    Magistrate Chris Callaghan says he is “flabbergasted” upon hearing it will take five months for police to fully examine the financial affairs of Gerard Baden-Clay.

    The court hears there will be 330 statements tendered to the defence but the prosecution says it will not have a forensic accountant’s report until November.

    The prosecution has been ordered to provide most of the brief of evidence to Baden-Clay’s lawyers within six weeks.

    September 3, 2012

    The matter returns to court where Baden-Clay’s lawyers express frustration that prosecutors still have not provided them with all of the witness statements.

    Prosecutor Danny Boyle tells the court 446 witness statements have already been provided to defence team but five statements, described as crucial, remain outstanding.

    The prosecution is ordered to provide outstanding documents by the end of the week.

    September 5, 2012

    A Supreme Court Judge, Justice Glenn Martin, gives Allison’s father Geoffrey James Dickie temporary control of her estate, including her life insurance policy.

    If Baden-Clay is acquitted of his wife’s murder he will resume his role as executor of her will.

    If he is convicted, Allison’s parents will be able to go back to court for a permanent order granting them control of their daughter’s estate.

    December 14, 2012

    Gerard Baden-Clay’s defence lawyer lodges a bail application in Supreme Court for the second time.

    His lawyer argues the Crown case has been weakened by the results of a post-mortem examination.

    They say it shows Allison Baden-Clay had traces of an anti-depressant drug in her blood – leaving open the possibility that she took her own life.

    But Justice Peter Applegarth dismisses the application, ruling there was no material change of circumstances and the strength of Crown case was unaffected by the results.

    February 6, 2013

    The Federal Court orders nearly $800,000 from two life insurance policies for Allison Baden-Clay will be held in trust by the court.

    Justice John Dowsett agrees the court should hold the money until after Gerard Baden-Clay faces trial.

    March 11-20, 2013

    Gerard Baden-Clay’s committal hearing begins.

    The Crown alleges Baden-Clay killed his wife because he wanted her insurance payouts to clear his debts and to be with his mistress.

    The court hears his wife had suffered from depression and had used medication to cope and that her marriage was troubled.

    Witnesses tell the court about hearing a woman yell the night Allison disappeared.

    A forensic expert says he believes injuries to Gerard Baden-Clay, which were photographed by police after he reported his wife missing, were caused by fingernail scratches.

    Allison’s friend Kerry Anne Walker is the first of more than 40 witnesses to testify.

    Queensland MP Dr Bruce Flegg tells the court he heard a woman scream on the night before Allison was reported missing.

    Speaking outside the court, Dr Flegg explains his decision not to report it to police that night, saying: “There was nothing to suggest it would be a criminal or police related matter.”

    Dr Flegg says he has known Gerard Baden-Clay “for a long time”.

    A senior Queensland Health forensic expert says some of Baden-Clay’s facial injuries may have been scratch marks but says it is possible some were caused by shaving.

    Two former real estate partners testify Baden-Clay was in debt and was warned to leave his wife or mistress or he would lose their business association.

    Queensland Police Service forensic accountant Kelly Beckett tells court Gerard Baden-Clay’s net financial position was about $70,000 and he owed more than $300,000 to family and friends.

    Baden-Clay’s former mistress Toni McHugh tells the court he told her to lay low in the days after his wife’s disappearance and that he could not afford a divorce.

    His lawyer says he is determined to clear his name.

    Outside court, Baden-Clay’s sister Olivia Walton defends her brother after speaking to the media for the first time.

    “Gerard is an innocent man and I’m here because I continue to support him,” she said.

    Outside court, Baden-Clay’s lawyer Darren Mahony says he believes the cross-examination of 40 witnesses went in his client’s favour.

    “We’re of the view that the evidence against Mr Baden-Clay has been significantly weakened by cross-examination during the court process,” he said.

    December 19, 2013

    Supreme Court Justice James Douglas argues marriage counsellor Ms Carmel Ritchie from Relationships Australia should give evidence at a pre-trial hearing about anything said during counselling sessions.

    Ms Ritchie tries to prevent evidence from the sessions being used in court, arguing it is protected by confidentiality provisions of the Family Law Act.

    February 3-4, 2014

    Gerard Baden-Clay’s re-trial hearing begins in Supreme Court.

    The court hears from pathologist Dr Nathan Milne who conducted the autopsy on Allison Baden-Clay.

    Counsellor Carmel Ritchie also gives evidence, saying Allison told her she had taken an anti-malarial tablet during her honeymoon that had caused psychotic episodes, depression and panic attacks.

    Ms Ritchie tells the court Allison spoke of: her husband’s affair with an employee; how she had confronted him when she found out; and he was now honest and taking responsibility.

    Ms Ritchie also speaks of a separate counselling session with Gerard Baden-Clay where they discussed the affair.

    June 2, 2014

    The pre-trial hearing continues.

    The court hears potential jurors will be polled prior to their selection and will be asked:

  1. If they or their immediate family lived in Anstead, Bellbowrie, Brookfield or Chapel Hill in April 2012;
  2. If they have ever contributed funds relating to the disappearance or death of Allison Baden-Clay;
  3. Whether they have ever expressed a view as to the guilt or innocence of Gerard Baden-Clay.
  • June 9, 2014

    A jury of seven men and five women, plus three reserves, is selected.

    June 10, 2014

    The murder trial begins.

    Gerard Baden-Clay officially pleads not guilty in the Supreme Court to murdering his wife more than two years ago.

    Justice John Byrne tells jury members to ignore all media coverage of the case during the next four weeks.

    July 9, 2014

    After a month-long trial, the prosecution and the defence finish wrapping up their final arguments.

    Justice John Byrne begins summing up the case for the jurors.

    July 15, 2014

    Baden-Clay is found guilty of murder.

Flowers for Allison, may justice has been served

Flowers for Allison, may justice has been served

Robert Emmett, judges’ son, likely to avoid jail after conviction for child abuse material


Oh how sweet it is to have family like this sick bastard has. The black sheep from one of Australia’s most distinguished families of judges is likely to avoid jail, despite being convicted of possessing child abuse material. Possession of 10,000 sickening images as well as sneaking around trying to up-skirt while “He tied his shoelaces” Friggin pathetic, as if his family ties have not been laid bare in this case.

Updated 56 minutes ago

Robert Emmett was arrested for possessing more than 10,000 child abuse images.

Robert Emmett was arrested for possessing more than 10,000 child abuse images

A former teacher from one of Australia’s most distinguished families of judges is likely to avoid jail, despite being convicted of possessing child abuse material.

Robert Emmett, son of NSW Court of Appeal judge Arthur Emmett and Federal Circuit Court judge Sylvia Emmett, was arrested in 2013 for possessing more than 10,000 child abuse images, some involving bestiality, pain and humiliation.

Emmett’s grandfather is Sir Laurence Street, former Chief Justice of the NSW Supreme Court, a position also held by his father Sir Kenneth Street and his father Sir Philip Street.

Robert Emmett, a former maths teacher at St Andrew’s Cathedral School, today pleaded guilty to charges that included filming the private parts of children and possessing child abuse material.

In the NSW District Court, a sentencing judge said Emmett was remorseful and had no prior convictions.

The court heard Emmett walked around St Andrew’s filming some students on his camera phone and, on one occasion, pretended to tie his shoelace while crouching down to film up a girl’s dress at Town Hall Station in the CBD.

Some images in the ‘worst category of abuse’

District Court judge Ian McClintock said some of the images found in Emmett’s possession were in the “worst category of abuse”, involving pain, bestiality and humiliation and that some involved children as young as four.

The court heard the images were photos and videos, but it was not clear how he acquired all of them.

“There is no evidence the child abuse material was for anything but personal use,” the judge said, adding that some of the images were disturbing.

He said Emmett secretly videoed three schoolgirls aged 14.

“In my view it is a significant aggravating feature that the offender was a school teacher,” the judge said, noting that Emmett abused his position of trust.

He referred to the “significant violation” of the students’ rights.

Judge McClintock said Emmett’s family was not aware of his activities and that the 38-year-old had a good support network to help with his rehabilitation.

The court heard Emmett was remorseful, timid and shy and would need to be in a high level of protective custody in jail.

It heard the publicity surrounding the case had been humiliating for the offender and his family.

“He’s lost his career,” the judge said.

“Nothing other than a sentence of imprisonment is warranted.”

But Judge McClintock emphasised a sentence of less than two years was appropriate and therefore the offender is suitable to be assessed for an Intensive Correction Order — meaning he may be able to serve his sentence in the community.

Emmett remained on bail and will return to court in July.

He faced a maximum sentence of 10 years for possessing child abuse material and a maximum of five for filming a person’s private parts.

Jesuit priest Stanislaus Hogan jailed over child pornography found in Saint Ignatius’ College quarters


Another filthy dirty rotten creep and monster in our religious and education system busted as a snivelling paedophile and will be out in 10 months. A damn holiday to hide away from the public, that is all that is!

By court reporter Loukas Founten

Updated 4pm 20/03/15

Stanislaus Hogan will be able to seek parole in 10 months, what a complete insult

Stanislaus Hogan will be able to seek parole in 10 months, what a complete insult

An Adelaide Jesuit priest and teacher found with more than 1,500 pornographic images of boys has been jailed for more than two years.

Stanislaus Hogan, 70, was found with books, magazines and videos of young and teenage boys, in his private quarters at Saint Ignatius’ College in Adelaide’s eastern suburbs in August 2013.

He was on the college staff at the time of his arrest.

Hogan told the Adelaide District Court he used some of the books and videos as a way to help understand both paedophiles and himself. yeah sure you did…creep

Hogan was given a two-and-a-half-year jail sentence and will be able to seek parole in 10 months.

He has applied to be removed from the Jesuit order.

Father Brian McCoy, from the Australian Jesuits, issued a statement of apology to students, families and staff of Jesuit schools “who have felt disillusioned, shocked and saddened by the criminal behaviour of a once well-respected priest and teacher”.


St Ignatius College priest Father Stanislaus John Hogan jailed over ‘graphic and repugnant’ child pornography

Father Stanislaus Hogan downloaded more than 1500 depraved images of child pornography.

Father Stanislaus Hogan downloaded more than 1500 depraved images of child pornography.

A SENIOR priest at a prestigious Adelaide private school who downloaded more than 1500 depraved images of child pornography will serve at least 10 months behind bars.

Father Stanislaus John Hogan, 69, had pleaded guilty to one count of using a carriage service to access child pornography and one aggravated count of possessing child pornography.

The District Court has previously heard police had seized 1555 images and videos as part of an illicit children pornography collection, which also included magazines and books of children aged between three and 16 years.

The collection was found during a police raid of Hogan’s Saint Ignatius College residence at Athelstone in 2012.

In sentencing today, Judge Peter Brebner detailed some of the horrific child exploitation material police found during a police raid of Hogan’s Saint Ignatius College residence at Athelstone in 2012.

He said Hogan’s offending had came about as he struggled to understand his sexuality.

“You struggled for years to reconcile your ethical, religious, spiritual and philosophical beliefs with your sexuality and your prurient interests in child pornography,” he said.

Judge Brebner also said Hogan was found with three books — one of which described the “graphic and repugnant” rape of an underage boy.

He said Hogan had applied to leave the Jesuit priesthood but wanted to remain working at the church’s Sevenhill centre as a volunteer.

“You have impressive tertiary qualifications — you have had a long and distinguished career teaching at Jesuit schools.

“You have lost your reputation and your vocation as a consequence of these crimes.

“However, these are often ordinary consequences of crimes such as yours and you are intelligent enough to have known these things would happen.”

Hogan had been the school’s rector at the time of the raid and he had held prominent teaching positions throughout Australia, including at St Aloysius’ in Sydney and Xavier College in Melbourne, during the past three decades.

Australian Jesuits Provincial Superior Brian McCoy released a statement today apologising for the behaviour of the once “well-respected priest and teacher.”

“We have in place across all our schools and other ministries firm policies and practices for safeguarding children, at the heart of which is our fundamental commitment to respect, nurture and protect children from harm,” she said.

Judge Brebner sentenced Hogan to two years and six months’ jail with a non-parole period of ten months.

He said Hogan’s crimes were simply “too serious” for him to consider suspending that sentence.

SA court jails piano teacher Anthony Theodore Vance for five years for abusing three girls


SA court jails piano teacher Anthony Theodore Vance for five years for abusing three girls

Anthony Theodore Vance has been jailed for his persistent sexual exploitation of three ch

Anthony Theodore Vance has been jailed for his persistent sexual exploitation of three children.

HIS deviant actions left little girls feeling like prisoners of their secret, but today predatory music teacher Anthony Theodore Vance became a prisoner himself.

Vance, 76, was today jailed for five years, and will spend at least three years behind bars, for his persistent sexual exploitation of girls as young as five.

In sentencing, District Court Judge Michael Boylan said Vance deserved “stern punishment” because he had shown no remorse and continued to insist his victims were liars.

“One of your victims very eloquently described one of the effects of sexual abuse … she said she was a prisoner of her secret,” Judge Boylan said.

“That’s a very eloquent way of describing how the victims of sexual abuse feel — prisoners, cut off from others, alone, unable to trust other people.

“The courts have often said these offences must be sternly punished, and you have three victims, no insight and committed a serious breach of trust.”

Vance, of Christies Beach, was found guilty at trial of three counts of the persistent exploitation of a child.

Between 2004 and 2007 he touched the upper thighs and genitalia of three girls — aged between five and 10 years old — while teaching them to play the piano or electric keyboard.

During their evidence, the girls said the inappropriate touching occurred “nearly every lesson”.

In sentencing today, Judge Boylan agreed Vance’s offending was “less serious” compared with many sexual abuse cases — but said that was no reason for clemency.

“You have still damaged these girls … they have suffered much, and will continue to suffer much, as a result of what you did to them,” he said.

“I can give you no discount (on your sentence) because you continue to assert that the three girls have told lies.”

He imposed a five-year jail term with a three-year non-parole period, saying there were no grounds upon which to suspend the sentence.

Disturbing claims of abuse heard at Royal Commission into Knox Grammar School


Knox School cared about one thing, their reputation. 30 years later staff and ex staff still will not admit so, it beggars belief listening to some of the answers as to why they did not react to anything relating to abuse and scandal by going outside the school…keep it all in-house was the mantra

Pathetic and they should be ashamed hiding behind their credentials all these years later.

http://www.news.com.au/video/id-xhNHFwczrKxwqVr756pbVMvz4P4WQPPg/Headmaster%27s-astonishing-defence


UPDATED 03/03/15

The messiah takes the stand

The messiah and KING Former Knox Grammar headmaster Ian Paterson

The messiah and KING Former Knox Grammar headmaster Ian Paterson

Live feed to hearings here

http://www.childabuseroyalcommission.gov.au/case-study/6202742a-5e8d-490b-bec4-84876bef3de0/case-study-23,-february-2015,-sydney


No bloody wonder he wanted to make his statement up front. It would of sounded ridiculous had he done it after his evidence and the commission is finished with him (back on the stand tomorrow)

Very cagey in his answers, instant recall to his achievements and foggy for all the abuse. Disgrace who needs his bestowed Honours removed asap!

Very cagey in his answers, instant recall to his achievements and foggy for all the abuse. Disgrace who needs his bestowed Honours removed asap!

Former Knox Grammar principal Ian Paterson fronts Royal Commission

Former Knox principal’s apology to sex abuse victims

Former Knox principal's apology to sex abuse victims

THE former headmaster accused of covering up child sexual abuse admitted he gave a glowing reference to a religious teacher who resigned after he was seen masturbating outside another school.

Ian Paterson, head of prestigious Sydney boys’ school Knox Grammar from 1969 to 1998, told today’s hearing the reference he gave Chris Fotis was “grossly inappropriate”.

Fotis, a Knox old boy, had been hired without any reference check and had prior child-sex convictions. He left the school in 1989, by which time Dr Paterson was aware of a string of complaints against him.

Dr Paterson giving evidence at the Royal Commission hearing in Sydney.

Dr Paterson giving evidence at the Royal Commission hearing in Sydney. Source: News Corp Australia

One was that he was suspected of donning a balaclava, hiding under a dormitory bed and groping a 14-year-old boy.

The school’s duty master Stuart Pearson told Dr Paterson that Fotis had been convicted of sexually assaulting two girls before he joined Knox and that he was verbally abusing boys.

Dr Paterson gave Fotis a reference describing him as “enthusiastic for his job” and “meticulous in the standards he requires from students”.

Police have issued a warrant for the arrest of Fotis, who failed to appear when he was called last week.

Dr Paterson revealed earlier today that he had not reported another teacher for molesting a boy because he was “not aware it was a crime”. He said it did not enter his head to report the balaclava incident.

“It never entered any one of our heads,” he said, referring to duty master Mr Pearson and Tim Hawkes, the housemaster in charge of the Mac Neil boarding house where the incident happened.

Dr Ian Paterson is giving evidence.

The head is accused of covering up decades of child-sex abuse. Source: News Corp Australia

Dr Paterson said he now agreed police should have been called. He denied ever telling the boys that the intruder was an Asian man who had been arrested.

When pressed by counsel advising the commission David Lloyd, Dr Paterson said: “I can assure you that controlling the reputation of the school never once entered my head.”

The head, who is accused of covering up child sexual abuse at Knox Grammar over three decades, earlier admitted to ignoring a student’s claim he had been abused by a teacher and described his as “a drama boy” who was known to “exaggerate stories”.

He confronted the claims today at the Royal Commission into Institution Responses to Child Sexual Abuse, amid new explosive accusations he engaged in abuse at the school himself.

Dr Paterson admitted a 15-year-old student had complained to him about a teacher, Damien Vance, touching him inappropriately in 1987, and the then headmaster told him to think about the allegations.

Purple ribbons tied to the gates of Knox Grammar following revelations of widespread paed

Purple ribbons tied to the gates of Knox Grammar following revelations of widespread paedophilia at the prestigious school. Picture: @concernedknox Source: Twitter

“The boy was a drama boy,” he told the Sydney hearing. “He was known as rather dramatical boy who could build up situations … I asked him to think about what I said.”

The former headmaster began his admissions to the Royal Commission expressing “deep regret” over years of abuse.

“I should have known, and I should have stopped the events that led to the abuse of those boys in my care and their families,” the former headmaster told the hearing in Sydney.

“My abject failure to secure for you a safe and secure place at Knox strikes at the very heart of a responsibility of a headmaster.”

In his opening address, Dr Paterson said he was “deeply and profoundly sorry”, and acknowledged that his decisions were wrong.

“This is a source of intense pain for myself and my family,” he said.

Dr Paterson’s appearance at the commission has been delayed since Friday as more witnesses came forward.

The Commission was rocked yesterday with a shock allegation from Lucy Perry, a high profile charity CEO who claims she was groped by Mr Paterson as a schoolgirl.

Lucy Perry was a surprise witness at the hearing yesterday.

Lucy Perry was a surprise witness at the hearing yesterday. Source: News Corp Australia

Ms Perry told the hearing into the elite Sydney boy’s school that Mr Paterson groped her in 1989 when she was part of a musical being produced by her school Roseville, and Knox Grammar.

Ms Perry who is chief executive of Hamlin Fistula Ethiopia (Australia), said the assault happened in full view of students at the Knox school hall, and the boys who saw it “roared with approval”.

She reported the assault to NSW police in 2009 when numerous allegations about widespread sexual abuse at the school were coming out.

Ms Perry said at one of the rehearsals she was backstage talking to some of the boys at a production of Guys and Dolls when Dr Paterson pointed to her and one of the boys and said “you and you out”.

Lucy Perry leaves the Child Sex Abuse Royal Commission.

Lucy Perry leaves the Child Sex Abuse Royal Commission. Source: News Corp Australia

Despite this she turned up at the next rehearsal and Dr Paterson, who was the producer, singled her out.

As she walked to the edge of the stage “he placed his hand on my backside. I would describe it as between a pat and a grope”. “He then slid his hand right down to cup my buttocks and (I) felt him touch my genitals outside of my clothing”.

She said he had a creepy look on his face.

When asked by Jim Harrowell, a solicitor representing Dr Paterson, if he was just positioning her on the stage she said: “I would suggest to you Mr Harrowell that positioning girls by their bottoms is not the best way to do that”.

She received a standing ovation from Knox victims and their supporters as she left the hearing.

Along with being pressed on the new allegations, Mr Paterson is expected to be asked what he told students about a balaclava-wearing intruder who molested a 14-year-old boy.

Much of the inquiry, which is now in its second week, has concerned an incident in late 1988 when an intruder wearing a Knox tracksuit and a balaclava hid under a boy’s bed and tried to molest him in the early hours of the morning.

Stuart Pearson, the former general duties master at the school and a former policeman said a few days after the incident Dr Paterson told the boys police had arrested an “Asian man” for the break-in.

Image show purple ribbons have been tied to the gates of Knox Grammar to show support for

Image show purple ribbons have been tied to the gates of Knox Grammar to show support for victims. Pic: Twitter / @concernedknox Source: Twitter

The Royal Commission into Institutional Responses to Child Sexual Abuse can find no record that police were ever contacted and on Monday a former student told the commission he recalled Dr Paterson saying the intruder was an “old boy” with mental problems.

Other witnesses have pointed the finger at Chris Fotis, a former teacher who is now being sought by police after the commission summoned him to appear.


 Royal commission into sex abuse: seven key Knox Grammar figures
March 3, 2015 – 1:53PM

THE PLAYERS

Five Knox teachers were convicted of multiple sex charges and one is wanted by police. These seven people are the key figures in the Royal Commission into Institutional Responses to Sex Abuse.

CONVICTED: Adrian John Nisbett (above)

Popular English teacher who worked at the school from 1971-2004. Arrested over sexual offences in 2009 and given a suspended sentence. Current principal John Weeks told the royal commission in February 2015 he believed former head master Ian Paterson was covering for Nisbett and wanted to sack him when he became headmaster. Nisbett was allowed to resign. Unable to be summonsed, he now lives in South Africa and is working for a cheetah conservation reserve in Namibia.

CONVICTED: Damian Vance (above)

English and French teacher who was asked to leave the school two years after indecently assaulting a student. Royal commission told Vance received a glowing reference from the school praising his teaching skills, despite having indecently assaulted one student and physically assaulted two others. Arrested in 2009, convicted and released on a good behaviour bond. Told the commission he had previously hit two boys at the school, in 1985 and 1986. Now a cleaner in Melbourne.

CONVICTED: Roger James

Science teacher between 1974-77. Resigned to take up a teaching position in New Zealand. Arrested for sex offences in 2009, convicted and given a suspended sentence. A 14-year-old victim told the royal commission in March 2015 he did not complain about the abuse at the time because of the culture of cover-up at the school. Boys who did speak up were “victimised and ostracised,” he said. “They were seen as weak and they became everybody’s bitch.”

CONVICTED: Craig Treloar (above)

Knox old boy. Resident master and teacher; taught at the school from 1982 until his arrest in 2009. Treloar was convicted on multiple charges of child sex abuse in 2010 and served two years in jail.  Denied to the royal commission in February 2015 he forced children to perform sex acts with him, saying that he allowed the boys to touch him. Said he was shocked when he wasn’t sacked after the pornography claims surfaced. Now unemployed.

CONVICTED: Barrie Stewart

Music teacher and “notorious groper”. Arrested in 2009, convicted of multiple counts of indecent assault and sexual assault relating to seven students. Given a suspended sentence. Former assistant headmaster John Rentoul told the commission in February 2015 his son David was molested by Stewart.

HEADMASTER: Dr Ian Paterson (above)

Principal of Knox Grammar from 1969 until 1998. Students referred to him as “the snake”.  Allegations to the royal commission that Dr Paterson had knowledge of abuse and even allegedly signed a reference letter for one of the teachers he knew was involved. Accused in March 2015 by Roseville Ladies College student Lucy Perry of sexual abuse backstage at a school performance in 1989 when she was 16. Paterson told the royal commission on March 3 he didn’t know it was illegal to sexually proposition a student and that he was an ‘abject failure’. The commission has heard there is no evidence he referred any sex abuse matters to the police. 

ARREST WARRANT: Christopher Fotis (above)

Religious education instructor, pictured above, suspected of being the so-called “balaclava man” who assaulted a year 8 boy in his bed at a school boarding house in 1988 that was under the supervision of Dr Timothy Hawkes (below), now head of the Kings School. Fotis was arrested in 1989 for masturbating in his car while parked outside a school in North Ryde. Dr Paterson provided Fotis with a reference letter in which he described him as an “enthusiast”. Warrant issued for his arrest in February 2015 for failure to appear at the royal commission. Whereabouts unknown since mid-February 2015.

TIMELINE

1924: Knox Grammar School first established as a Presbyterian Church School.

1969: Dr Ian Paterson becomes headmaster.

1970s: Allegation of “inappropriate behaviour” first surface, involving teachers Barrie Stewart, Roger James and Adrian Nisbett. Former assistant headmaster John Rentoul weeps  as he tells the royal commission about the discovery his son, David, was molested by Knox music teacher Barrie Stewart in the late 1970s.

1980s: Rumours of sexual abuse circulate more widely.

1986Christopher Fotis employed as religious education instructor despite having convictions for assaulting a female and offensive behaviour.

1987: Craig Treloar disciplined for watching hardcore pornography, including paedophilia and bestiality, with boys but allowed to keep his job.  Damian Vance indecently assaults a boy in a room under the chapel. Stuart Pearson reports Treloar to Dr Paterson after a boy alleged the teacher had propositioned him for sex. Pearson told the royal commission in February 2015 he was “gobsmacked” Treloar and Nisbett were working at the school years after he reported them to Paterson.

1988: A masked man, believed to be Fotis, sexually assaults a boy in his bed in a boarding house at the school.

1989: Vance asked to leave. Fotis asked to leave later that year after being caught masturbating outside a school in North Ryde. Headmaster Ian Paterson alleged to have sexually abused 16-year-old Roseville Ladies College student Lucy Perry backstage.

1990s: Sixteen-year-old student ATQ forms a sexual relationship with his resident housemaster. Warns another housemaster that Knox is a “paedophile ring” but nothing done in response.

1999: New principal Peter Crawley initiates investigation into Adrian Nisbett.

2009: Nisbett, Treloar, Stewart, James and Vance arrested and later convicted of multiple sex charges.

Emails tendered in evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse reveal an unnamed solicitor had recommended the destruction of documents in 2009, following the arrests of the five teachers who abused children.

More info here, exhibits, transcripts and witness lists http://www.childabuseroyalcommission.gov.au/case-study/6202742a-5e8d-490b-bec4-84876bef3de0/case-study-23,-february-2015,-sydney

February 26, 2015 1:16PM

Child abuse cover-up?

Child abuse cover-up?

A FORMER teacher at Sydney’s prestigious Knox Grammar school has failed to appear at a royal commission into child abuse.

The commission has issued a warrant for the arrest of Christopher Fotis, who was due to give evidence on Tuesday.

A public hearing this week has heard disturbing claims of abuse at Knox, which happened in the 1970s and 80s. Boys at one of Australia’s most exclusive schools were allegedly shown pornography, given alcohol and groomed for sex by a number of teachers at the school.

On Thursday David Lloyd, counsel advising the commission, said police were searching for Fotis and if he was found he would be brought to the commission.

Fotis was never charged with offences at Knox but was jailed in Melbourne for sexual abuse offences at a school there after his time at Knox, in Wahroonga on Sydney’s north shore.

The inquiry into the NSW private boys’ school is focusing on an incident in 1988 at one of the boarding houses, MacNeil House, when a person wearing a Knox tracksuit and balaclava hid under a child’s bed and sexually assaulted him.

Mr Lloyd said although the person’s face was concealed by the balaclava a number of the boys in the dormitory believed the offender was Fotis.

Former students have also alleged abuse by other teachers happened in dimly-lit music rehearsals. One of the teachers was still working at the school when he was arrested in 2009.

The expensive private school, whose old boys include judges, politicians such as the late Gough Whitlam and actors Hugh Jackman and Hugo Weaving, faced adverse publicity in 2009 when four teachers pleaded guilty to abusing students.

One “notorious molester” had memorial gates erected in his honour with the inscription “He touched us all”, the inquiry was told.

Prestigious: Hugh Jackman was a former student at the prestigious Knox Grammar. There is

Prestigious: Hugh Jackman was a former student at the prestigious Knox Grammar. There is no suggestion he was abused. Source: Supplied

In his opening statement on Monday, Mr Lloyd said five teachers at Knox in Wahroonga on Sydney’s north shore were convicted of sex offences against students. There would be allegations of abuse by a further three teachers who were never charged, he said.

The Royal Commission into Institutional Responses to Child Sexual Abuse will examine the response of the Uniting Church and Knox between 1970 and 2012 to concerns raised about inappropriate conduct by a number of teachers towards students at the school.

Evidence has been given that paedophiles were allowed to continue working at Knox even after a string of complaints and some witnesses claimed there was a paedophile ring at the school.

Geoffrey Watson SC, representing Knox Grammar School, said the school humbly and sincerely apologised for its failings.

“It apologises to all of those students who were damaged by these events. It apologises to the parents of those students and the other members of their families,” he said.

DISTURBING DETAILS

One former student Scott Ashton, 44 told the commission he was nine when he went to the prestigious school. From the start he was abused “openly and brazenly” by teacher Barrie Stewart.

Mr Ashton gave evidence on Tuesday and said he remembers bleeding from his rectum when Stewart used his finger to molest him.

Some of the abuse happened at dimly-lit music rehearsals where Stewart also abused other boys.

In 2009 Stewart was convicted of five counts of indecent assault and two counts of sexual assault. He was given a suspended sentence.

Lives ruined: Former student Scott Ashton with friend Gretel Pinniger (left) and lawyer L

Lives ruined: Former student Scott Ashton with friend Gretel Pinniger (left) and lawyer Leigh Johnson (right). Source: News Corp Australia

Mr Ashton also told of depression, confusion and substance abuse since leaving Knox. He ended up working in the sex industry.

He said he was already fragile when he arrived at Knox as his two-year-old brother had been killed after they were both hit by a car at a pedestrian crossing. The other students beat him up and tried to get him to say he was responsible for his brother’s death

Mr Ashton was too distraught to read his own statement to the commission. It was read instead by his friend, Gretel Pinniger, also known as the high profile Sydney dominatrix Madame Lash.

Mr Ashton was also deeply confused by the attitude at the school where all were expected to pay tribute to an art teacher Bruce Barrett who had died young.

Mr Ashton said Barrett was a “notorious molester” but the school put up memorial gates at the back entrance to the Wahroonga school in his honour and bearing the inscription: “He touched us all”.

Another witness, Coryn Tambling, said he was abused by Craig Treloar in 1984 when he was at Knox. He said the teacher showed him and other boys pornographic videos one of which was a “homosexual gang bang involving teenage boys”.

Shocking allegations of abuse at prestigious boys school Knox Grammar.

Shocking allegations of abuse at prestigious boys school Knox Grammar. Source: Supplied

The teacher would reassure the boys and tell them it was OK to be homosexual, he said.

“Treloar also told me he was part of a group in Kings Cross that made these movies and he would secure me a part in a movie if I wanted.” He said he showed the boys business receipts from the Kings Cross company.

Treloar was sentenced to four and a half years in jail, with two years non-parole in 2009 and is now out. He will give evidence at this royal commission hearing.

MAN IN A BALACLAVA

Counsel for the commission David Lloyd, said witnesses would give evidence that a number of boys in one of the boarding houses were abused by a man in a Knox tracksuit and a balaclava.

One witness will say he awoke one morning when he was in year 8 to find the “balaclava man” sexually assaulting him.

Mr Lloyd said that although the person’s face was concealed by a balaclava, a number of the boys in the dormitory believed it was Christopher Fotis.

The school investigated and the boys were later told the “balaclava man” was a young Asian man who had been arrested by police.

Mr Lloyd said there was no evidence to suggest the NSW Police were ever notified of the incident, either as a break-and-enter or as an assault.

He also said “despite the paucity of contemporaneous documents it is anticipated that there will be evidence that senior people at Knox knew about the allegations of abuse” at the time.

Man wearing a balaclava and Knox tracksuit allegedly abused boys at Knox. Picture: Troy S

Man wearing a balaclava and Knox tracksuit allegedly abused boys at Knox. Picture: Troy Snook Source: News Corp Australia

LIVES RUINED

A former teacher at Knox Grammar broke down as he laid the blame for his son’s ill health and early death squarely on the school he once respected.

John Rentoul, whose son David died aged 44 after a series of illnesses, said he only found out in 2009 that his son had been abused by teacher Barrie Stewart.

Dr Rentoul only found out about the abuse when David, who was at the school in the late 1970s, was giving evidence against Stewart.

“I was shocked and outraged when David told us of the abuse,” said Dr Rentoul, who taught at the school from 1969 to 1980. He became emotional as he told how his son revealed he felt terribly ashamed and guilty because Stewart was a family friend and this led him to hide the abuse for 30 years.

Former Knox teacher Barrie Stewart at the Hornsby local court.

Former Knox teacher Barrie Stewart at the Hornsby local court. Source: News Limited

“I absolutely believe that the extreme stress, guilt and shame David suffered as a result of the abuse directly lead to his health issues and also resulted in his marital problems.” He said his son’s immune system was compromised by prolonged and sustained periods of post traumatic stress and he could not fight a lung infection which led to organ failure.

Dr Rentoul said the family had welcomed Stewart as an excellent teacher and arranged for him to give David piano lessons.

He said they believed the commission should ensure that “institutions such as Knox be held accountable for failing to protect its students against sexual predators”.

Dr Rentoul also said “private schools are more susceptible to instances of sexual abuse because of more opportunities for the development of close relationships between teachers and students during extra-curricular activities, and because of the prevalence of boarding establishments”.

Another mother also told of the impacts of the abuse on her son, who has been given the pseudonym ATS. Her son started at the school in 2002 when he was 10 years old.

She said her son was very happy for the first term but then changed — he became quiet and withdrawn. He refused to talk to his parents, became angry and hostile and self-harmed before being hospitalised after a serious suicide attempt.

When he was 14, her son told a psychiatrist that he had been abused by former teacher Craig Treloar, who used to invite boys to his room and offer them ginger beer. Her son would later say things to her like “’Treloar tried it on lots and lots of times, but only got it once’”.

Counsel Assist David Lloyd at the Royal Commission Into Institutional Responses to Child

Counsel Assist David Lloyd at the Royal Commission Into Institutional Responses to Child Sexual Abuse public hearing into Knox Grammar School. Photo Jeremy Piper/ Oculi Source: News Corp Australia

She said she took this to mean that Treloar was constantly sexually harassing her son.

When ATS was 16 he was offered a professional rugby contract with Gordon Rugby Club, but he could not go through with it.

ATS, now 22, lives in Canada — he cannot bear to live in Sydney, she said.

“Words can’t express the enormity of the daily pain experienced by ATS or myself and his family,” she said. The strain led to her marriage breakdown.

She said the experience had been horrific, terrifying and heart-wrenching.

“As a mother I have hopes and dreams for my children. My dreams for ATS were stripped down to mere survival.”

Another witness who used the pseudonym ARY said students could not talk about the abuse because if they did they were seen as weak and considered as everyone’s “bitch”.

He said that during his time at the school he observed systemic bullying by teachers and by students of other students.

He blamed the culture at the school on the headmaster for 30 years Ian Paterson.

“Paterson and his rule dragged the school through a dark age that it should never had had, particularly as a Christian institution,” he said.

HEADMASTER NICKNAMED ‘SNAKE’

The inquiry heard that the autocratic style of a headmaster nicknamed “Snake” at Knox made it possible for teachers to take advantage of and prey on students.

A man using the pseudonym ARY said the governance style of Ian Paterson, headmaster at Knox for 30 years, made students fearful of reporting sex abuse by teachers.

ARY boarded at the school from Year 7 in 1974 and was there for four years. He was indecently assaulted by science teacher Roger James when he was 14. James was convicted and given a suspended sentence.

ARY and other former students told the sex abuse royal commission on Monday there was a culture of cover-up at the prestigious Wahroonga school.

Witnesses also accused the school of engendering a culture of homophobia with one saying he felt the school tried to force him out because he was gay.

ARY said James was a popular teacher, who was considered eccentric, smoked cigars in his office and the playground and was known to have alcohol in his office. He befriended ARY and stayed with his family, assaulting him during one stay.

ARY said he could not tell his parents who were paying for his expensive education. He also feared a backlash at school.

“In the boarding school if you were accused of a homosexual act you would never live it down,” he said.

 Knox Grammar School students leaving the school at Wahroonga in Sydney.

Knox Grammar School students at Wahroonga in Sydney. Source: News Corp Australia

ARY said because of the Knox experience he was severely and incurably homophobic, even though he knew it was illogical.

He said Dr Paterson’s “autocratic style of governance” contributed to the “Knox culture which conditioned students to be fearful of reporting inappropriate conduct, and to be accepting of such behaviour by teachers.” It also allowed “teachers to take advantage of, and prey upon, students,” he said.

It was widely known by students that James, music teacher Barrie Stewart and Adrian Nesbitt — three of five teachers who pleaded guilty to indecent acts — were “overly hands-on with boys,” he said.

“I cannot believe that Paterson and other long term staff had no idea that sexual abuse was happening at Knox.” But the culture stopped teachers from speaking up.

“Everyone was expected to keep up the reputation of Knox,” he said.

Former assistant headmaster John Rentoul became upset as he told how his son David revealed he was molested by Stewart in the late 1970s.

“I believe the school was more interested in protecting the reputation of Knox than ensuring the safety and welfare of its students,” Dr Rentoul said.

A former student using the pseudonym ATQ said when he told another teacher that Knox was a “paedophile ring” he was told, “you can’t say that”. ATQ was 16 when he was groomed and abused by a housemaster.

Justice Coate and Commissioner Atkinson at the Royal Commission Into Institutional Respon

Justice Coate and Commissioner Atkinson at the Royal Commission Into Institutional Responses to Child Sexual Abuse. Picture: Jeremy Piper/ Oculi Source: News Corp Australia

Matthew O’Neal, who was abused by music teacher Barrie Stewart, said he was surprised to discover the teacher was still employed there 15 years later.

In a statement read to a royal commission hearing, Mr O’Neal, said when his brother started at the school in 1990, Stewart was still there.

“A gay paedophile in a boys school is like a kid in a candy shop. He should never have been working there,” Mr O’Neal said.

He said he went to the school when his younger brother was starting and he recalled a comment Stewart made to his mother. “I recall Stewart saying ‘Matthew is better looking than (his brother)’,” he said.

Mr O’Neal said he was relieved because it made him think at least he would not be interested in abusing his brother. He said Knox had done absolutely nothing to help him.

“They have not offered counselling, support, compensation, nothing”.

The commission heard that despite several internal inquiries there was no evidence Dr Paterson contacted the police.

Dr Paterson, headmaster at Knox from 1969 to 1998 will give evidence, probably next week.

Geoffrey Watson SC, representing Knox Grammar School, said the school humbly and sincerely apologised for its failings.

“It apologises to all of those students who were damaged by these events. It apologises to the parents of those students and the other members of their families,” he said.

CRIMINAL CONVICTIONS

Counsel for the commission David Lloyd said Knox, which was established in 1924 by the Presbyterian Church, had five boarding houses supervised by resident masters in the 1980s.

During that time there didn’t appear to be any formal process for employing someone who wanted to be a resident master.

“The evidence will disclose that at least one of the resident masters employed in around 1986, a Mr Chris Fotis, had criminal convictions for more than one offence at the time he was employed,” he said. The nature of the offence has no yet been disclosed. Mr Fotis was due to give evidence later in the hearing.

Former teacher, Craig Treloar, who admitted showing pornography to students in the 1980s continued teaching there until he was arrested for sex abuse more than 20 years later.

Mr Treloar thought he’d be sacked but was instead allowed to pick the timing of his six-month suspension. After returning from his suspension at the start of 1989, Treloar remained at the school until his arrest for child abuse in 2009.

He was sentenced to a minimum two years jail in 2010 for abusing boys at the school, but has also denied forcing his victims into sexual acts.

On Wednesday, he told the royal commission that, after admitting to showing porn to students in 1987, he was suspended from teaching for six months.

Treloar asked headmaster Ian Paterson if his suspension could be delayed — a request Treloar said was brought to the school council, which allowed him to start at the beginning of 1988 and to take off the last six months of the year.

The commission has heard Treloar admitted showing boys heterosexual porn, but evidence he also showed them videos depicting bestiality and paedophilia went undiscovered because the school held no investigation.

Five teachers pleaded guilty to indecent acts. Picture: Troy Snook

Five teachers pleaded guilty to indecent acts. Picture: Troy Snook Source: News Corp Australia

During his appearance at the commission, Treloar described his criminal charges of indecent assault as “letting boys touch me”.

“Do you have any self-awareness of how offensive it is to say that the boys wanted to touch you and you let them?” asked Peter Skinner, counsel representing three victims of sexual abuse. “You forced them to touch you. That’s the truth, isn’t it?” he continued.

“No, I didn’t force them to touch me,” Treloar replied.

Treloar, a Knox old boy who left in 1977 before returning to teach in 1982, told the commission he wasn’t asked for references when he applied to work as a resident master at a boarding home for year seven boys.

The former head of the Knox Preparatory School, Michael Jenkinson, told the commission Treloar’s status as an old boy was valued when he was interviewed for the boarding house job.

After he became aware of the porn, he and Dr Paterson concluded Treloar was immature.

“The only explanation we could give is that he’s just being a show off, of the level of his immaturity,” Mr Jenkinson said. After returning from his six-month suspension, Treloar was removed from the boarding house.

FILES DISAPPEARED

The inquiry heard that the files of students who made complaints of sexual abuse against teachers had disappeared.

David Lloyd, counsel assisting the commission, told the hearing Ian Paterson, who was headmaster between 1969 and 1998, will give evidence he kept documents recording the allegations — and the school’s response — in a black folder in his office.

But when the folder was inspected by Mr Paterson’s successor it became apparent a “number of files of students who made complaints of abuse have gone missing, without apparent explanation”.

Mr Lloyd said the commission will consider whether the documents were “deliberately destroyed in order to eliminate evidence which might adversely affect the school”.

The inquiry would also hear detailed reports were prepared after serious allegations were made against staffer Adrian Nisbett. Nisbett pleaded guilty to assaulting three boys in 1976 and 1986 and received a suspended sentence in 2010.

A duty manager at the school, Stuart Pearson, conducted an extensive investigation and found Nisbett had targeted “post-pubescent boys between 13 and 15 who excelled athletically as opposed to academically”. He recommended Nisbett be removed but there was no record of a response to his report.

Mr Nisbett was given a position as assistant to the headmaster, which he held until 1999, during which time he had access to student files.

He was then appointed to the role of Director of Students and aspects of the role included him providing pastoral care to pupils. There were further complaints and in 2003 Knox appointed an investigator, who carried out inquiries under the supervision of the Ombudsman.

The school accepted the investigator’s findings and informed the Commissioner for Children and Young People.

No mention was made of the NSW Police and the Ombudsman’s office did not pursue Knox, Mr Lloyd told the hearing.

Damien Vance, another teacher, was later given a glowing reference.

Vance was asked to leave Knox in 1989 because the parents of a boy he abused were coming to the school. When he left, Dr Paterson gave Vance a letter of service which he used to get a job in a school in Victoria. He continued to teach until a court ordered him to stay away from all schools two decades later.

Damian Vance, former Knox Grammar teacher who was convicted of inciting an act of indecen

Damian Vance, former Knox Grammar teacher who was convicted of inciting an act of indecency. Picture: Bradley Hunter Source: News Corp Australia

When the hearing was announced current headmaster John Weeks wrote to old boys saying the sex abuse incidents had been widely publicised in 2009 and Knox had “always accepted its responsibility in this matter”.

Mr Weeks also said Knox has a most comprehensive child protection policy covering staff selection and training, student awareness and support structures.


26/02/15

Knox Grammar teacher suspected of hiding under boy’s bed with balaclava, sexually assaulting him

A former teacher at the prestigious Knox Grammar School in Sydney was suspected of wearing a balaclava as he hid under a boy’s bed and inappropriately touched him, the royal commission into child sexual abuse has heard.

The commission heard details of the alleged assault, which was said to have occurred in the late 1980s, from Dr Timothy Hawkes, who was a former Knox Grammar boarding house master and is now the current headmaster at Kings School at Parramatta.

Dr Hawkes said he was alerted to what became known as the “balaclava man” incident when he responded to what was believed to be an intruder about 5:00am.

“This was just a bizarre, extraordinary and extremely worrying and even frightening event,” Dr Hawkes told the hearing.

The teenager, known as ARN, had allegedly been assaulted as he slept.

“[ARN] told me that a man in a balaclava had run his hand on the inside of his leg and up towards his genitals,” Dr Hawkes said.

“He had woken with a start, a shout, and that the man had run off.”

Dr Hawkes said he believed the boy when he was told about the incident and immediately alerted the headmaster, Doctor Ian Paterson.

“We needed action to be taken because we had somebody running around the school with or without a balaclava, sexually interfering with boys,” Dr Hawkes said.

Dr Hawkes told the hearing he did not report the matter to the police because the school hierarchy meant that it would have become the responsibility of the headmaster or his assistant, who was a recently retired police officer.

“I didn’t believe it was my place to do that,” Dr Hawkes said.

“I had every confidence that the matter would be dealt with by a very experienced headmaster.

“There was absolutely no question in my mind that I fully expected the police to be notified because it was a serious offence. And I was desperate to make sure that this person was caught because I did not want that happening again to any of my boys.”

Dr Hawkes reacted angrily to a question from counsel assisting that suggested his priority was to protect the school’s reputation.

“I would totally reject that comment and find it offensive,” Dr Hawkes said.

“I had particularly no motivation to have, to in a sense, protect the school. That would never cross my mind and to suggest so I find utterly offensive.”

In the months after the assault, Dr Hawkes said some students suspected two of his colleagues.

“There was increased speculation that the intruder may well have been somebody inside,” Dr Hawkes said.

“There were two that were talked about in equal degrees of likelihood and those were Mr Fotis and Mr Vance.”

A warrant was issued for the arrest of former Knox Grammar teacher Christopher Fotis, who failed to appear at the hearing on Tuesday.

In his opening statement, Counsel Assisting David Lloyd revealed Damien Vance was later convicted of one count of category four sexual assault and released on a good behaviour bond.

Mr Lloyd said on Monday that “although the person’s face was concealed by a balaclava, a number of the boys in the dormitory believed that the offender was Christopher Fotis, one of the resident masters in MacNeil House at the time”.

“The basis of that belief was that the offender had the same build as Mr Fotis and Mr Fotis had, before lights out on the evening before the assault, said to ARN that he had a surprise in store for him that night,” Mr Lloyd said.

Mr Fotis later resigned from the school “after being arrested for masturbating in his car while parked outside a school”, Mr Lloyd said on Monday.

The hearing before Justice Jennifer Coate and Commissioner Bob Atkinson continues.

The inquiry in Sydney continues.

Rabbi Yosef Feldman tells child abuse royal commission reformed paedophiles deserve leniency???????? Really WTF


Mon 9 Feb 2015, 8:35pm

Paedophiles who are no longer abusing children should not have to spend their lives feeling like the “scum of the Earth”, a senior rabbi has told the Royal Commission into Institutional Responses to Child Sexual Abuse.

Rabbi Yosef Feldman, a leader within the Sydney Yeshivah community, told the inquiry he was friends with convicted child abuser Daniel Hayman when he was arrested and charged in 2011.

He said he did not think it was fair that a member of the community should go to jail for an historical case of child abuse if they had already repented and received treatment.

“I would be asking for more leniency on people who have shown that they haven’t offended in the last 20 years or decades ago, and have psychological analyses that this is the case,” Rabbi Feldman said.

Once someone is not a paedophile any more or is showing [he] is not acting wrongly any more, that should be considered in a very strong way.

Rabbi Yosef Feldman

“Once someone is not a paedophile any more or is showing [he] is not acting wrongly any more, that should be considered in a very strong way.

The more lenient approach would show “when you do the right thing, you won’t get mistreated badly and it’s not the end of the world … then you are not treated like a pariah, like a scum of the Earth”.

Rabbi Feldman lashed out at the media, saying publicity about child sex abuse “encourages even people who may not be real victims or may want to be considered heroes” to go to the police.

“Like we have seen here in Melbourne, we had one rabbi who was ultimately vindicated, and I was very against too much of a public situation, like I see with the media also, they go out in a very public way, and also exaggerating, at times lying,” he said.

“I’m worried about the effect of the hype of child abuse.”

His lawyer told the commission Rabbi Feldman had received death threats since Friday’s hearing, in which he said he did not understand it was illegal for an adult to touch a child’s genitals.

‘The less the media is involved, the better’

Rabbi Feldman was asked about an apparent conflict between one of his public statements and a private email he sent in mid-2011.

The commission heard Rabbi Feldman had once written to the Sydney Beth Din (Jewish court) that convicted paedophile David Kramer’s “life and family is being ruined now for no good reason.”

In a sometimes heated exchange, he told counsel assisting the commission, Maria Gerace, he was entitled to his own opinions, and denied they were at odds with the rule of law.

He said he was concerned about miscarriages of justice occurring.

“It’s obvious I care about people,” he said.

“A rabbi cares mostly about people.”

Rabbi Feldman told the commission, Jewish law dictated that “you have to be very careful about not embarrassing people” and “the less the media is involved the better”.

He said sinners did not deserve to be known “all around the world” for their crimes.

“The publicity of someone being charged and the naming and shaming, it’s already public,” Rabbi Feldman said.

Ms Gerace responded that perhaps it would give more encouragement to others who were abused to come forward and face their perpetrators.

“I have thought about that and I have no problem with the general pronouncement,” Rabbi Feldman said.

“But not at times when it seems like a PR process and it seems like when there’s hype and then you join in the hype … it’s all false, that sort of thing.

“If the rabbis would come out at other times, at normal time, nothing to do with any hype, with society… saying this is a strong issue we should deal with, that is fantastic and the victims are the most important and we have to deal with that.”

Rabbi Feldman said he did believe in secular law and reporting child abuse immediately.

“But not matters of a PR situation … that’s what brings about false charges and things of this nature,” he said.

ABC/AAP


 

Rabbi Yosef Feldman says media hype causes ‘fake’ abuse victims

Rabbi feared ‘false’ abuse claims

Rabbi Yosef Feldman leaves the Melbourne County Court after giving evidence at the Royal Commission into child sexual abuse. Source: News Corp Australia

AN orthodox rabbi has argued media “hype” causes “fake victims” to make allegations of child sexual abuse, while admitting he feared people were making false allegations against his friend, David Cyprys, who was later convicted of serious child sex offences.

Rabbi Yosef Feldman, rabbinical administrator of Bondi’s Chabad Yeshiva centre, today told the Royal Commission into Institutional Responses to Child Sexual Abuse he had expressed concern when he learnt in 2011 that Beth Dins in Sydney and Melbourne were planning to make public statements encouraging abuse victims to come forward.

“Too much hype causes miscarriages of justice,” he said. “I didn’t think it was the time and place for the rabbis to come out in the media with public statements.

“I think it’s bad for the Jews.”

Rabbi Feldman wrote a series of emails to other rabbis in 2011 — when abuse allegations involving Yeshivah College in Melbourne became public amid a police investigation — arguing Jews with information about child sex abuse allegations should see a rabbi rather than police.

He said today that he would “highly encourage” Australia to change its laws to allow rabbis to assess the veracity of child sex abuse complaints before encouraging victims to alert police.

He also said greater leniency should be shown to paedophiles who had committed sex offences years ago, if it could be shown they hadn’t offended since. And that would be proved how?

“I would lobby the government about this if I could,” he said. “They do the right thing and they are shown to do the right thing, (then) they deserve a bit more respect.”

Rabbi Feldman said he was worried at the time that further complaints might be laid against Cyprys, a friend who had worked at Yeshivah in Melbourne for decades.

Cyprys is currently serving an eight year prison sentence for abusing several boys at Yeshiva.

“I was worried the publicity would bring about fake victims, “ Rabbi Feldman said.

“The reality is they make a whole issue of child abuse and it encourages people to accuse people of abuse when … they are really innocent.”

Other rabbis have condemned Rabbi Feldman’s views and called for victims to be encouraged to go to police.

The commission heard threats had been made against Rabbi Feldman on social media since he began giving evidence.

The hearing continues.


 

Violent and Graphic video footage of couple being bashed in Melbourne karaoke bar released


The young thugs in this video must be found quickly. If you know who they are, and more importantly where they might be, contact police immediately or ring crime stoppers .We do not want them on our streets or on a night out our kids might be at. Disgraceful behaviour

Reporting crime or hoon behaviour
If you have any information regarding a crime, criminal activity, or hoon behaviour you can contact Crime Stoppers Victoria online or by calling on 1800 333 000 and confidentially report what you know.

Mon 19 Jan 2015, 3:38pm

Video footage of a man and woman being bashed in a vicious attack at a Melbourne karaoke bar has been released.

The couple in their 20s were drinking at the Elizabeth Street bar early on January 11 when they were assaulted.

Footage of the attack shows a 25-year-old man being punched and stomped on by a group of men until he was unconcious on the floor.

The man’s girlfriend can be seen trying to protect him on the ground.

A man is then seen to grab her by the hair and throw her to the floor, before she is punched and kicked by the group.

Shortly before the brawl, the couple was sitting at a table with their attackers.

Detective Senior Constable Matt Folvig said it was unclear what started it, but words were exchanged beforehand.

“Apparently they’ve just said something that was disagreed with and they’ve just turned on the pair,” he said.

Police released images and CCTV footage in the hope of identifying the people involved.

Anyone with information is urged to contact Crime Stoppers.

Bryson Anderson murder: Family and colleagues confront killers Mitchell and Fiona Barbieri in court


Mongel dog cop killers get eye-balled by colleagues, family and friends of slain police officer Bryson Anderson and ball their eyes out.

By court reporter Karl Hoerr

Mon 24 Nov 2014

Detective Inspector Bryson Anderson, who was killed at a rural property in Oakville.

Photo: Family and colleagues described their grief over the murder of Detective Inspector Bryson Anderson. (Facebook: NSW Police.)

Family and colleagues of a Sydney police officer murdered nearly two years ago have described their continuing grief over his stabbing death during a sentencing hearing for his killers.

One by one, those closest to Bryson Anderson rose to speak at the sentencing hearing for Mitchell and Fiona Barbieri.

The 45-year-old Detective Inspector was fatally stabbed during a siege of a home at Oakville in Sydney’s north-west.

His 13-year-old son told the court he has been denied the rite of passage of having his father teach him to shave.

“I had to learn this skill alone, without him by my side,” he said.

He spoke about his difficulties enjoying cricket, something he used to share with his father.

You should save the tears that you have shed from the dock. You will not be forgiven

Bryson Anderson’s brother, Warwick Anderson

Mitchell Barbieri, who attacked Detective Anderson with a knife and has pleaded guilty to murder, cried in the dock as the victim impact statements were read out.

His mother, Fiona Barbieri, has pleaded guilty to manslaughter on the grounds of mental illness and showed little emotion.

The officer’s brother, Warwick Anderson, addressed Mitchell Barbieri directly.

“You should save the tears that you have shed from the dock. You will not be forgiven,” Mr Anderson said.

Widow Donna Anderson said she had lost her best friend.

“I never contemplated how it would feel to be on the other side of a police investigation,” she said.

Colleagues who witnessed the attack spoke of their guilt and extreme difficulty returning to work.

Sergeant Adam Fitzgibbon said: “At times, I question myself. How did I let this happen to Bryson?”

Senior Constable Neil Constable said Detective Anderson had praised his work just hours before he was murdered.

“He told me to keep it up and keep locking up the crooks,” he said.

Justice Robert Allan Hulme appeared visibly moved by the statements.

“It’s simply astounding that such a senseless act can have so many victims,” he said.

The sentencing hearing continues.


Mother and son to stand trial for stabbing murder of Sydney police officer Bryson Anderson

Wed 11 Dec 2013, 6:39pm

A mother and son have been committed to stand trial for the stabbing murder of Sydney police officer Bryson Anderson.

Fiona Barbieri, 46, and her 20-year-old son Mitchell Barbieri are accused of killing Detective Inspector Anderson when he was called to a neighbourhood dispute at Oakville in Sydney’s north-west in 2012.

They are charged with murder and wounding with intent to resist arrest.

In Central Local Court magistrate Chris O’Brien has ordered them to stand trial in February 2014.

Police say they went to the property in December 2012 after an urgent call from a neighbour.

The officer was one of a large contingent of police called to the Oakfield home to attend a heated dispute between neighbours.

They say the Barbieri’s fired arrows at them from the house.

Officers say when the Detective Inspector tried to negotiate with them he was stabbed in the neck by Mitchell Barbieri and his mother Fiona Barbieri hit the officer with a hammer.

Magistrate O’Brien said after hearing the evidence there is a “reasonable prospect” a jury would “convict the accused”.

The mother and son have not yet entered a plea to the charges but will be required to in February.

Outside court members of his family told reporters they are pleased the Barbieri’s will stand trial.

Police officer in tears

During the committal hearing today police officer Constable Hannah Watson broke down in tears while giving evidence.

She told the hearing she thought her duty officer had been punched, because she could not see a weapon in Mitchell Barbieri’s hand.

When the officer began sobbing the court was adjourned to allow her to compose herself.

One officer described Fiona Barbieri screaming at police to leave, using foul language.

In court two new charges of resisting arrest were laid against the mother and son.


‘He deserves to f****** die’: Court hears how police-killing mother and son shouted as their victim died… before emailing Russian president Vladimir Putin demanding asylum

  • Fiona Barbieri, and her son Mitchell, pleaded guilty to killing Detective Inspector Bryson Anderson in 2012 
  • Following her arrest, Fiona defended their actions as self-defence during a police interview 
  • The Barbieris had also sent emails to Tony Abbott and Mr Putin, saying: ‘We have every right to defend ourselves, our family and our property’
  • Inspector Anderson died after he was stabbed by then 19-year-old Mitchell Barbieri following a siege at their rural Oakville property
  • As he lay dying, the court heard that Fiona was heard yelling, ‘it’s his own f****** fault… he deserves to f****** die’
  • His family remember him as a larrikin with a great sense of humour
  • He also volunteered as a firefighter and in the Special Olympics  

A Sydney mother, who pleaded guilty to the manslaughter of a police officer in 2012, sent emails to the Prime Minister and the Russian President in which she defended herself and demanded asylum.

Fiona Barbieri, 47, and her 21-year-old son Mitchell, attended their sentencing hearing in Sydney’s Supreme Court on Wednesday, where the full details surrounding the death of Detective Inspector Bryson Anderson were revealed.

Inspector Anderson died after he was fatally stabbed by then 19-year-old Mitchell Barbieri following a siege at a rural Oakville property in Sydney’s north-west on December 6, 2012.

The police interview of Fiona Barbieri after her arrest in 2012, following the death of a policeman at her  property in Sydney's north-west, was shown to Sydney's Supreme Court on Wednesday

The police interview of Fiona Barbieri after her arrest in 2012, following the death of a policeman at her  property in Sydney’s north-west, was shown to Sydney’s Supreme Court on Wednesday

The 41-year-old and her 21-year-old son Mitchell (pictured) pleaded guilty to killing Detective Inspector Bryson Anderson

The 41-year-old and her 21-year-old son Mitchell (pictured) pleaded guilty to killing Detective Inspector Bryson Anderson

During a police interview following the Barbieri’s arrests in 2012, the 47-year-old mother who is believed to have been suffering from paranoid schizophrenia, told officers that Inspector Anderson had been killed in self-defence before demanding asylum in Russia.

In the footage of the police interview attained by Channel Nine, Fiona is heard saying: ‘what happened at our house today, where we were ambushed by an army of police officers, was self-defence.’

She is then handed a telephone by the officers who allow her to call the consulate, to whom she says: ‘It is the Barbieris, president Putin, SOS Australia.’

According to Channel Nine, Fiona was advised by the consulate to forward her request via email, after which she refused to answer further questions from the policemen.

DECORATED police officer Bryson Anderson was "struck" by "two quick jabbing moves around a doorway" by a teenager with a "deliberate intention", a court has heard today.

The accounts of Detective Inspector Anderson's colleagues, who witnessed his death at a home in Oakville on December 6 last year, have been revealed during a pre committal hearing.

Mitchell Barbieri, 19, and his mother Fiona Barbieri, 45, have been charged with Inspector Anderson's murder after the seasoned officer was called to the property over a neighbourhood dispute and then fatally stabbed.

Inspector Anderson (pictured) died after he was fatally stabbed by then 19-year-old Mitchell following a siege at his rural Oakville home on December 6, 2012

In the police interview, Fiona is handed a telephone after demanding asylum in Russia. Police allowed her to call the consulate, to whom she says: 'It is the Barbieris, president Putin, SOS Australia'

In the police interview, Fiona is handed a telephone after demanding asylum in Russia. Police allowed her to call the consulate, to whom she says: ‘It is the Barbieris, president Putin, SOS Australia’

Fiona Barbieri arrives at the Supreme Court in Sydney for her sentencing  hearing on Wednesday

‘We are living here in convict Australia, corrupt convict Australia, and we have been doing our best to get out,’ she told officers.

‘The New South Wales police force is corrupt – that is what we have been standing up against and that is why we are in here today.’ 

Crown prosecutor Mark Tedeschi QC told the Supreme Court on Wednesday that Fiona and her son had been embroiled in a long-running dispute with their neighbour, which had been fuelled by Ms Barbieri’s paranoia.

On December 6, the tension spiralled out of control when the Barbieris spotted that Mr Waters was installing flood lights on his property.

Fiona – swinging a baseball bat – and Mitchell – armed with a crossbow – confronted the electricians working for Mr Waters.

The wife and brother of slain police officer  Anderson, Donna (left) and Warwick (right), leave the Supreme Court after the hearing

The parents of Mr Anderson, Red and Shirley Anderson, were also seen leaving the Supreme Court on Wednesday

Earlier in the month, the Barbieris cried and hugged in the dock as they prepared to plea to their roles in the death of Detective Inspector Anderson

Mitchell fired two arrows, narrowly missing them both, before he and his mother retreated into their home.

As the first police arrived, the court heard the Barbieris sent an email to a number of politicians, including then opposition leader Tony Abbott and Russian President Vladimir Putin, saying: ‘We have every right to defend ourselves, our family and our property.’

Just over an hour later, it had become a ‘siege situation’ with Fiona and Mitchell screaming at police to ‘f*** off’.

Det Insp Anderson ordered the door to be kicked in and was stabbed twice by Mitchell – once in the cheek and fatally to the chest, Mr Tedeschi said.

As he lay dying, the court heard that Fiona was heard screaming, ‘it’s his own f****** fault.. he fucking deserved it… let the dog c*** die… he deserves to f****** die’.

The policemand wife Donna, said her husband absolutely adored their three children

The policemans wife Donna, said her husband absolutely adored their three children

Murdered police officer Bryson Anderson honoured by family

Bryson Anderson with his wife Donna and children from left to right - Darcy, Cain and Olivia

Bryson Anderson with his wife Donna and children from left to right – Darcy, Cain and Olivia

On the morning they were due to stand trial last week, Mitchell pleaded guilty to the officer’s murder, while his mother – who suffers from paranoid schizophrenia – pleaded guilty to manslaughter on the grounds of substantial impairment.

Under legislation passed before parliament, a person convicted of the murder of a police officer while on duty faces a mandatory life sentence.

But Mr Tedeschi said this was not a situation where life imprisonment should apply as Mitchell was influenced by his mother’s delusions.

‘He (Mitchell) had been under the influence of his mother … and her delusions had to some degree been transferred to him,’ Mr Tedeschi said.

Olivia, Cain and Darcy could not speak highly enough of their deceased father

Olivia, Cain and Darcy could not speak highly enough of their deceased father

At officer Anderson's 2012 funeral, NSW Police Commissioner Andrew Scipione said the decorated officer was greatly admired by his fellow officers

Instead, he said the crown would be seeking a ‘very lengthy’ sentence.

Earlier in the month, Inspector Anderson’s family honoured the man who was a much-loved husband and father of three.

Bryson’s widow Donna Anderson and their three children Olivia, Darcy and Cain could not wipe the smiles off their faces when they told fond stories of how Bryson was always the larrikin of the family.

‘There was the policeman side to him which was incredibly serious – he took his job very seriously -but there was the family side of him where he was just the clown in every family gathering,’ Donna told Channel Nine’s ACA.

‘He just absolutely adored his kids,’ she said. He was a typical dad – he loved dad jokes and if he could embarrass the kids in front of their friends that was even better.’

Police officers and family attend the funeral of the slain officer at St. Patrick's Cathedral in Parramatta in 2012 

Police officers and family attend the funeral of the slain officer at St. Patrick’s Cathedral in Parramatta in 2012 

The family privately continue to struggle with their loss, and it will be some time before they finally come to terms with the tragedy

The family privately continue to struggle with their loss, and it will be some time before they finally come to terms with the tragedy

His three children could not speak highly enough of their father.

‘He would totally just love life – it was awesome,’ his only daughter Olivia said. ‘Yes, he liked to embarrass us.’

His eldest son, Darcy said he was a great dad who was always a joker.

‘He photo bombed a lot – my first cricket game in my photo – he was in the background,’ he said.

‘Cricket is my life – me and dad built the pitch out the front in 2003 I think.’

‘We got tonnes of dirt and just rolled it and got it all padded down and I just keep mowing it in.’

Bryson's only daughter Olivia said her father had a great love for life

Bryson’s only daughter Olivia said her father had a great love for life

Darcy loves cricket so much that his father helped build him a cricket pitch in their front yard

Darcy loves cricket so much that his father helped build him a cricket pitch in their front yard

Youngest son Cain said his father was always a joker who 'photo-bombed a lot'

Youngest son Cain said his father was always a joker who ‘photo-bombed a lot’

‘He would totally just love life – it was awesome,’ his only daughter Olivia (left) said. ‘Yes, he liked to embarrass us’ 

Bryson's family described him as a joker who had a great sense of humour

Bryson’s family described him as a joker who had a great sense of humour

‘He was always a joker – he photo-bombed a lot,’ his youngest son Cain said. 

While being dedicated to his family and career, he also managed to squeeze in volunteering with the Special Olympics, travelling to Vanuatu to give gifts to children and also volunteering as a firefighter.

‘He would come home from the police sometimes he would only be there for an hours or so and then the bells would go off and he would go out to a fire call and he did that for nine years,’ Donna said.

During the committal hearing last year, a number of police officers broke down as they recalled the murder.

At Detective Inspector Anderson’s 2012 funeral, NSW Police Commissioner Andrew Scipione said the decorated officer was admired by his fellow officers for his tenacity and determination, as well as his empathy and compassion.

‘He showed initiative and leadership; intelligence and perseverance; dedication and humility; and, memorably, a ready smile and an engaging way.

‘Bryson drew people to him, without guile and without effort.’

The matter will return to court later this month.

Mother and son Fiona and Mitchell Barbieri plead not guilty to Sydney policeman Bryson Anderson’s murder

Fri 7 Feb 2014, 1:41pm

 A mother and son accused of murdering a Sydney police officer have pleaded not guilty.

Fiona and Mitchell Barbieri formally entered their pleas in the NSW Supreme Court this morning ahead of their trial later this year.

The 46-year-old and her 20-year-old son were charged after the death of Detective Inspector Bryson Anderson at Oakville on Sydney’s north-western outskirts in December 2012.

Inspector Anderson was part of a large contingent of police called to attend a heated neighbourhood dispute.

Police say the Barbieri’s fired arrows at them from their house.

Inspector Anderson then tried to negotiate with the pair for several minutes, when he was allegedly stabbed in the neck by Mitchell Barbieri and hit with a hammer by Fiona Barbieri.

The 45-year-old officer was rushed by paramedics to Windsor Hospital but died soon afterwards.

The Barbieris have also pleaded not guilty to additional charges laid late last year of wounding with intent to resist arrest.

In an earlier hearing a fellow officer who witnessed Inspector Anderson’s death broke down in court as she recalled the events.

Constable Hannah Watson told the court she initially thought her duty officer had been punched, because she could not see a weapon in Mitchell Barbieri’s hand.


Mother, son admit to killing police officer Bryson Anderson

Updated 5 Nov 2014, 3:19pmWed 5 Nov 2014, 3:19pm

A mother and son have pleaded guilty to killing a New South Wales police officer called to their home in Sydney’s north-west.

According to police, Mitchell Barbieri, 21, and his 47-year-old mother, Fiona, barricaded themselves inside their Oakville home when New South Wales police officer Bryson Anderson responded to an urgent call from neighbours in December 2012.

They say the pair fired arrows at the officer and attacked the 45-year-old with a knife and a hammer.

Mitchell Barbieri pleaded guilty to murdering Anderson, while Fiona Barbieri pleaded not guilty to murder but guilty to the lesser charge of manslaughter.

Prosecutors accepted her guilty plea to the lesser charge because she had “a substantial impairment brought about by an abnormality of mind” at the time.

The pair made their pleas in the Supreme Court the day their six-week trial was due to start.

They will return to court next week for a sentencing hearing.

Anderson, who held the rank of Detective Inspector, was one of several officers who attended the Barbieris’ home after reports of a feud between neighbours.

Colleagues say that when he tried to negotiate with the family, he was stabbed in the neck by Mitchel Barbieri and hit with a hammer by his mother.

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